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Migration Help
23rd March 2010, 03:06 PM
AN OVERSEAS doctor at the Hackham Medical Centre has had to leave his family in the Philippines for almost two years because the Immigration Department won’t grant his autistic son a visa.

Dr Edwin Lapidario has spent 18 months and thousands of dollars in lawyers fees trying to have his wife and two sons join him in Australia.

His wife Cherryl and son Savion Nash, 2, were granted dependent visas in February 2009 but eldest son Sean Craig, 5, was refused because he has autism.

“I just want them to be here,” Dr Lapidario told the Southern Times Messenger last week.

“My son needs me and my wife has no medical experience and it is really hard for her to cope.

“Whenever I talk with my wife over the internet, we cry every night.”

Dr Lapidario moved to the southern suburbs in June 2008 to further his career. He said Sean did not show signs of autism before he left for Australia, and it was only detected when tests were undertaken as part of the visa process.

After Sean’s initial visa application was refused, Dr Lapidario lodged an application for a long-term medical visa to have his son assessed in Australia but it was rejected this month.

Dr Lapidario flew home to the Philippines on Monday (March 22), where he will lodge an application for a short term medical visa. If this fails, he may be forced to return to the Philippines.

“I’ve got no choice. What is work if I have good pay here or good job here without my family?” he said.

“My family is the first one for me.”

Hackham Medical Centre manager Pam Thorpe said one of the clinic’s patients, Rob Pattison, had started a petition in a bid to have Sean granted a visa.

“It’s just so frustrating what he has to go through,” she said. “To try and get doctors is like trying to find a needle in a haystack.”

Latest figures from General Practice Network South (GPNS) show Hackham, Hackham West and Huntfield Heights have has just one GP for every 3846 residents. An acceptable ratio is one to every 1408 residents.

GPNS chief executive Dr Helena Williams said it was critical governments supported international doctors and their families who were working in areas where there were GP shortages.

“It can be very difficult for practices to recruit GPs to work in some areas, both rural and metropolitan, so once they have been recruited we must invest in strategies to support them and their families to stay within that community,” she said.

An Immigration Department spokesman said while the department was “sympathetic” to Dr Lapidario’s situation, his son Sean “was assessed by a medical officer of the Commonwealth (MOC) as not meeting the health requirement on health and community cost grounds”.

“The Department is required by law to abide by the findings of the MOC.”

“It is long-standing Government policy that high cost medical conditions are a consideration in visa decisions,” he said.

The spokesman said Australia’s healthcare resources were “finite” and the Government had a responsibility to “help contain public expenditure and ensure Australian residents have access to health and community services”. He said Dr Lapidario could apply for another temporary visa for his family involving a shorter stay or a different visa in which he would agree to cover the medical costs of his son.

Kingston MHR Amanda Rishworth (Labor) said her office had advised Dr Lapidario to apply for a short term medical visa and was writing a letter to the Immigration Department outlining his son’s case.

Autism SA manager community relations Karl Zander said every person with an autism spectrum disorder was affected differently and some may have associated health issues.

“The diagnosis of autism spectrum disorder is not medical as it is a development disability and the diagnosis is based in three main areas, in deficits in communication, socialisation and repetitive and restrictive interests and behaviours.”

Dr Lapidario’s plight echoes the 2008 case of German-born Dr Bernhard Moeller who was refused permanent residency to settle in Horsham, Victoria because his son had Down Syndrome. Dr Moeller and his family were eventually granted permanent residency.

SOURCE (http://southern-times-messenger.whereilive.com.au/news/story/gp-s-battle-for-autistic-son/)

MH

Sheelagh Blanckenberg
23rd March 2010, 03:30 PM
Another sad case.

Perhaps DIAC and the MOC could ask Temple Grandin to come and give them a talk about autism? Check her out on TED.com (http://www.ted.com/talks/temple_grandin_the_world_needs_all_kinds_of_minds. html) . I think she could open a few blinkered eyes.

Temple Grandin, diagnosed with autism as a child, talks about how her mind works -- sharing her ability to "think in pictures," which helps her solve problems that neurotypical brains might miss. She makes the case that the world needs people on the autism spectrum: visual thinkers, pattern thinkers, verbal thinkers, and all kinds of smart geeky kids.

What an inspiration she has been to many. And which is why in my view, as a society, Australia should not be so short-sighted in refusing entry to migrants with such 'disablities'.

Kind regards

Sheelagh

digger
16th May 2010, 09:49 AM
GPNS chief executive Dr Helena Williams said it was critical governments supported international doctors and their families who were working in areas where there were GP shortages.

That paragraph highlights what else is never spoken of!

Whilst it may seem fine to attempt to alleviate doctor shortages in Australia by recruiting from overseas, is it ever asked what the doctor to population ratio is in the countries where they are recruited from?

Taking that a step further, it is but one of the issues with having an extensive immigration program over many years and by the desired ratio quoted, if it was already met here, then in theory, for each 1408 new immigrants we should see if one doctor can be attracted.

Figures are also wonderful for manipulation too for whilst H, HW and H may have a higher ratio, perhaps a wider survey would show a whole range of ratios that may see a greater area balance.
It is not unknown for people to have to get services that do entail some travelling.

Immigration regulations are in place to benefit Australia and though it may seem harsh to have restrictions in regard to health matters, it is correct to question a total benefit package re any family regardless of the profession or trade of the primary applicant.

Amin Rahman
19th October 2011, 03:05 PM
Enamul,

I suggest you consult a migration agent. Be prepared to pay for the consultation. When making the appointment with a migration agent find out the consultation costs.

Regards.

Richard Quirin
19th October 2011, 03:55 PM
Another sad case.

Perhaps DIAC and the MOC could ask Temple Grandin to come and give them a talk about autism? Check her out on TED.com (http://www.ted.com/talks/temple_grandin_the_world_needs_all_kinds_of_minds. html) . I think she could open a few blinkered eyes.

Temple Grandin, diagnosed with autism as a child, talks about how her mind works -- sharing her ability to "think in pictures," which helps her solve problems that neurotypical brains might miss. She makes the case that the world needs people on the autism spectrum: visual thinkers, pattern thinkers, verbal thinkers, and all kinds of smart geeky kids.

What an inspiration she has been to many. And which is why in my view, as a society, Australia should not be so short-sighted in refusing entry to migrants with such 'disablities'.

Kind regards

Sheelagh

Here’s a great quote:
“How we treat women and children is a reflection of the health of a modern, caring society and is also a reflection of how developed and advanced that society is.”
When you devalue or question the worth of a sick child and exclude them from our community, on the basis of financial concerns; what does that say about us as a Nation?
cheers,

Richard.

Amin Rahman
20th October 2011, 01:47 PM
(http://forum.migrationhelp.com.au/member.php?u=15)Dear Amin Rahman (http://forum.migrationhelp.com.au/member.php?u=15) and Richard Quirin (http://forum.migrationhelp.com.au/member.php?u=1381)


Any suggestions/recommendations are highly appreciated.


Enamul

Enamul,

My suggestion to you is to consult a migration agent, sit down and discuss with the agent your problem and probable solutions, if any, and jointly work out strategies to reach the desired solution.

Regards.

Richard Quirin
20th October 2011, 05:32 PM
Dear Amin Rahman (http://forum.migrationhelp.com.au/member.php?u=15) and Richard Quirin (http://forum.migrationhelp.com.au/member.php?u=1381)


How chance of gaining permanent residency finally if immigration refuses in the first instance? I am happy to consult and bear the associated cost if there is a greater chance.


Kindly note that I am working now and my current contract is two years. Hope I will not be unemployed in future if I have consecutive work experiences. In addition my wife will finish PhD studies this year and there is a great chance that she will get a job as her field of expertise is very demanding and she already made a significant contribution in the research community by publishing high quality research papers.

So we will never be a burden of the Australian community, inversely we can make a significant contribution. It would be very unfortunate, if our visa refuses on the ground that our son has autism.


So far I am concerned; there is no possibility of getting health waiver for subclass 885. Of course, we don’t know yet whether my child case is involved significant cost or not.


Any suggestions/recommendations are highly appreciated.


Enamul

Hi Enamul,

Really feel for you, life at times isn’t fair. How any country would even consider turning away 2 PHD academics that will likely make significant contributions to the Australian Community and possibly the global community -is beyond me.

Enamul I’m currently running a case with a health criteria issue and am contributing to a submission on behalf of a colleague. None of which I believe can be equated to Autism. That being the case and the critical nature of your situation, I would have to decline on providing you with formal assistance.

However, I do know of a legal practitioner in Melbourne who I believe has experience in this regard. I would be happy to send you his contact details if you are interested.

I wish you the best of luck. Let us all know how things go.

Cheers,

Richard.

Glenn Pereira
20th October 2011, 11:25 PM
Hi Enamul,

You state that your son goes to a State School.

Is your son diagnosed with High functioning autism such as Asperger syndrome ?

I know a qualified Psychologist from the USA who presently carries out assessments for students in VIC States schools, including autistic children. I can give her your contact details if you wish.

My spouse is an Accredited Immigration Law Specialist with 19 years experience and has sound knowledge of Asperger Syndrome (High functioning autism). You could call her on 03 94281198 for an appointment.

Regards
Glenn Pereira

Richard Quirin
21st October 2011, 12:43 PM
Hi Enamul,

That is a great offer on behalf of Glenn. You should, in my opinion consider it and all other possibilities.

Once again if you would like the contact details of the lawyer I referred to in my previous posting please let me know and I will be happy to send them too you.
Enamul, I do not receive a commission, payment or monetary incentive of any sort for the referral. I simply wish you the best given your situation and advise that you get the best representation possible.


Cheers,


Richard.

Robert K Chelliah
22nd October 2011, 11:11 PM
Most of these onshore and Australian sponsored cases with health conditions are unlikely to meet Schedule 4 requirments and will end up in the MRT. Whoever prepares the initiial application and the important natural justice comments included in the application ought to be prepared to end up with a Ministerial Intervention where the 'public interest' component is as important as the "compelling" grounds. Medical practitioners in regional area are most likely to meet the "public" interest requirements.

The CMO, under schedule 4, is not required to consider compelling reasons or the financial strength of applicants even though the "cost to community" calls in the net cost benefit.

I had a client with Heptitis B, both visa applicant and her spouse (Registered nurse and medical paractioner) were contributing a greater amounbt through personal income tax than what would cost the community on the cost of medication for well managed and contained Hep B. The CMO discarded my argument of net gain to Australia - a lopsided construcion of Schedule 4 , 4001 (c).

Does any one know of the outcome of the Senate's inquiry into the Health requirement for migration to meet international convention?

Cheers

enamul_bd202
24th October 2011, 11:08 AM
Hi Enamul,

That is a great offer on behalf of Glenn. You should, in my opinion consider it and all other possibilities.

Once again if you would like the contact details of the lawyer I referred to in my previous posting please let me know and I will be happy to send them too you.
Enamul, I do not receive a commission, payment or monetary incentive of any sort for the referral. I simply wish you the best given your situation and advise that you get the best representation possible.


Cheers,



Richard.


Hi Richard,

Thanks for feeling my situation. I am still waiting for a response from immigration. My son is going to a state school and going well although he needs some support. It might be a case; it does not involve significant cost as he is quite fit in school. Doctors also mentioned he needs less support as he is improving.
After getting a response from immigration (if negative), I will definitely consult with an experienced migration agent. I will then ask you to send me the address of the agent.

Enamul

enamul_bd202
24th October 2011, 11:20 AM
Hi Enamul,

You state that your son goes to a State School.

Is your son diagnosed with High functioning autism such as Asperger syndrome ?

I know a qualified Psychologist from the USA who presently carries out assessments for students in VIC States schools, including autistic children. I can give her your contact details if you wish.

My spouse is an Accredited Immigration Law Specialist with 19 years experience and has sound knowledge of Asperger Syndrome (High functioning autism). You could call her on 03 94281198 for an appointment.

Regards
Glenn Pereira

Dear Glenn,

Thanks for your nice word and feel my situation.
I am currently in Melbourne. I will then contact with you to send me your sister in law details for an appointment and psychological assessment of my child. I may need to consult your spouse after getting a response from immigration.
Enamul

enamul_bd202
24th October 2011, 11:22 AM
Enamul,

My suggestion to you is to consult a migration agent, sit down and discuss with the agent your problem and probable solutions, if any, and jointly work out strategies to reach the desired solution.

Regards.


Dear Mr Rahman,

Thanks for your suggestions. I will definitely consult with an agent. For the time being, I am waiting for a response from immigration.
Regards
Enamul